QUESTION 1

1. ___ believe that legal decisions often are more attributable to biases and moods rather than the formal legal rules that are supposed to determine the outcome.
2. Legal realists
3. Legal socialists
4. Legal positivists

1 points

QUESTION 2

1. The purpose of theattorney-client privilegeis to allow the client to speak freely and honestly with his attorneyfor the judicial system to function effectively.
2. True
3. False

1 points

QUESTION 3

1. Legislation enacted bycities and townsis called: ___ .
2. ordinances
3. administrative rules
4. common law

1 points

QUESTION 4

1. TheCommerce Clauseof the U.S. Constitution allows the President to regulate interstate and foreign commerce.
2. True
3. False

1 points

QUESTION 5

1. Where there is a conflict between a state lawand a federal law, thestate lawprevails since it better understands the immediate needs of the local citizens.
2. True
3. False

1 points

QUESTION 6

1. Which isnota step involved in applyingstare decisis: ___ .
2. Hold hearings and consider comments from interested parties
3. Derive a rule of law
4. Find an earlier case with facts that are alike

1 points

QUESTION 7

1. One distinction betweencivil lawand criminal lawis: ___ .
2. Civil law can be createdonlyby statute.
3. Criminal law is concerned with breaches of duty to society at large.
4. The U.S. Constitution doesnotapply to civil lawsuits.

1 points

QUESTION 8

1. When a statute has been interpreted by a government agency, the courts usually defer to that interpretationif it seems reasonable.
2. True
3. False

1 points

QUESTION 9

1. Natural lawthinkers believe that law needs to reflect the current social environment of the community.
2. True
3. False

1 points

QUESTION 10

1. Private duties owned by individuals and institutions to one another are established bycivil law.
2. True
3. False

1 points

QUESTION 11

1. If the behavior of someone who commits a tort is outrageous, that person can be made to paycompensatory daamagesand: ___ .
2. special damages
3. punitive damages
4. nominal damages

1 points

QUESTION 12

1. Under the power ofjudicial review:___.
2. the executive branch appoints judges
3. lower courts may decide that higher court decisions arenotvalid
4. a judge may render a legal rule unenforceable by declaring it in conflict with the Constitution

1 points

QUESTION 13

1. The use of attorneys by business managers to structure and plan transactions is referred to as: ___ .
2. common law
3. substantive law
4. preventative law

1 points

QUESTION 14

1. Statutory lawvaries from state to state.
2. True
3. False

1 points

QUESTION 15

1. Crossing a street at the crosswalk is an example of amalumprohibitumlaw.
2. True
3. False

1 points

QUESTION 16

1. Independent agenciesare overseen by theexecutive branchof government.
2. True
3. False

1 points

QUESTION 17

1. Underprivate law: ___ .
2. individuals may create legally-binding agreements through their power to contract
3. individuals may enter into personal agreements, but those contracts willnotbe upheldin court.
4. individuals may create their own agreement when there is no prior statute

1 points

QUESTION 18

1. A judge personally believes citizens should be allowed to possess and consume small amounts of marijuana.
2. A defendant comes before him, charged with possession of three joints.
3. The judge sentences the man under the law to the statutory fine.
4. This judge likely follows this legal philosophy: ___ .
5. Natural law
6. Legal positivism
7. Sociological jurisprudence

1 points

QUESTION 19

1. The freedom of speech granted by the U.S. Constitution is an example of: ___ .
2. civil law
3. substantive law
4. procedural law

1 points

QUESTION 20

1. The constitutional prohibition ofex post factolaws applies to: ___ .
2. statutory law
3. common law
4. equitable remedies

1 points

QUESTION 21

1. Violation ofcivil lawscan lead to punishment by imprisonment.
2. True
3. False

1 points

QUESTION 22

1. The doctrine that says a court, in making a decision, must follow precedents of prior cases is called theex post factorule.
2. True
3. False